These Terms of Service (the “Terms”) set forth the conditions for using the smartphone application “ShutterDNA” (the “App”) provided by Sunabalab Inc. (the “Company”) and the services provided by the Company in connection with the App (collectively, the “Service”).
Users must agree to these Terms before using the Service.
Article 1 (Application)
- These Terms apply to all relationships between the Company and Users concerning use of the Service.
- Descriptions, guidelines, help, notices, the Privacy Policy, and other rules concerning the Service that the Company publishes in the App, on its website, in the App Store or Google Play, or through other media form part of these Terms.
- If these Terms conflict with any rules described in the preceding paragraph, these Terms prevail unless the relevant rules expressly provide otherwise.
Article 2 (Definitions)
The following terms have the meanings set out below.
- “User” means any individual or legal entity that uses the Service.
- “Photo Data” means photo files, image files, video files, and other media files stored on a User's device or within a scope selected by the User.
- “EXIF Data” means capture date and time, location data, camera model, lens, focal length, ISO sensitivity, shutter speed, aperture, image dimensions, and other metadata contained in Photo Data.
- “Analysis Data” means shooting patterns, profile results, reports, quests, statistics, and other derivative information generated by the App from EXIF Data or other metadata.
- “Profile Results” means a “photography personality profile,” “Photography DNA,” “annual report,” or other results generated by the App based on EXIF Data.
- “Share Card” means an image, text, card-style report, or similar content generated in the App that a User can share to social media or another external service.
Article 3 (Service Description)
- The Service uses EXIF Data and other metadata in a User's Photo Data to display shooting patterns, preferred shooting times and places, camera and lens usage, photography personality profiles, annual reports, photography quests, and similar information.
- As a general rule, the Service does not analyze people, faces, objects, scenery, text, food, place content, or any other image content shown in photos.
- The Service does not provide medical or psychological diagnoses, personality assessments, credit decisions, employment decisions, insurance decisions, security decisions, legal judgments, or other professional determinations.
- Profile Results, reports, quests, comments, scores, and other displays are reference information intended to help Users enjoy reflecting on their shooting habits. Their accuracy, completeness, usefulness, or fitness for a particular purpose is not guaranteed.
- Some Service features may be unavailable depending on the device, operating system, permission settings, type of Photo Data, availability of EXIF Data, cloud-photo status, App version, or other conditions.
Article 4 (Handling of Photo Data and EXIF Data)
- The App may read EXIF Data and other metadata contained in Photo Data within the scope authorized by the User.
- Under the current specifications, the App does not analyze image content or perform face recognition, object recognition, person identification, text recognition, or any other AI image analysis.
- Under the current specifications, the App does not upload a User's photo images to Company servers.
- EXIF Data and Analysis Data are primarily processed and stored on the User's device.
- Users may limit or revoke access to their photo library through their operating-system settings or settings within the App.
- If a User does not allow photo-library access or allows access only to selected photos, some Service features may be limited. The Company may nevertheless provide demo data or limited functionality where possible.
- If Photo Data includes location data, the App may use it to display shooting patterns, the Memory Gravity Map, and similar features. As a general design principle, however, Share Cards do not display precise addresses, coordinates, place names, or other information that could identify a User's specific location.
- Even when location data is used, the App is not intended to continuously track the User's current location.
Article 5 (Granting and Withdrawing Permissions)
- Use of the Service may require permissions relating to a photo library, media library, photo-selection function, photo metadata containing location data, or similar resources.
- When requesting permission, the Company will explain the types of information obtained, purposes of use, and scope of use as clearly as reasonably possible within the App.
- Users may freely choose whether to grant or deny permissions.
- Even when a User denies a permission, the Company may provide demo or alternative functions within a reasonable scope so the User can explore the App.
- Users may change or withdraw permissions at any time through operating-system settings or settings within the App.
- Withdrawing permissions may make some or all of the Service unavailable.
Article 6 (Nature of Profile Results and Reports)
- Profile Results, reports, scores, quests, comments, and other Service content are mechanical or statistical estimates or expressions based on EXIF Data and Analysis Data.
- The Company does not guarantee that Profile Results accurately represent a User's personality, character, mental or physical health, living circumstances, preferences, occupation, place of residence, or any other fact.
- Profile Results are intended for entertainment, self-reflection, life logging, and looking back on photography. They must not be used as the basis for important decisions.
- Users view, save, share, and use Profile Results at their own responsibility.
- The Company is not liable for damage arising from Profile Results or a User's use of them, except in cases of willful misconduct or gross negligence by the Company. Where the Company's liability is restricted under the Consumer Contract Act or other applicable laws, those laws apply.
Article 7 (Share Cards and Sharing to External Services)
- Users may share Share Cards, Profile Results, reports, text, and other App-generated content to social media, messaging apps, email, and other external services.
- Users must review what they share and share it at their own responsibility.
- The Company endeavors to design Share Cards so that they do not include precise addresses, coordinates, file names, individual photo images, face information, object-recognition results, or other sensitive information. The Company is not responsible, however, for information a User adds through screenshots, annotations, edits made on an external service, or other means.
- Information shared to an external service is governed by that service's terms, privacy policy, and other conditions.
- Users must not share Share Cards or other content in a manner that infringes a third party's rights, privacy, reputation, credit, or other interests.
Article 8 (Demo Data)
- The App may display demo data when photo-library access is not granted, when little Photo Data is available, when EXIF Data cannot be obtained, or to explain App features.
- Demo data is based on fictional or sample metadata and does not represent the User's own Photo Data, activity history, or shooting patterns.
- The Company endeavors to provide reasonable indications that allow Users to identify demo data as such.
Article 9 (Local Storage and Data Deletion)
- The App may store EXIF Data, Analysis Data, Profile Results, quest completion status, settings, and other information needed to provide the Service on the User's device.
- Users may be able to delete some or all stored data through settings in the App, operating-system settings, or by deleting the App.
- Stored data may be lost due to device failure or loss, operating-system malfunction, deletion of the App, backup settings, insufficient storage, or other reasons.
- The Company does not guarantee complete preservation, restoration, or backup of stored data.
Article 10 (User Responsibilities)
- Users must use the Service in accordance with these Terms, applicable laws, app-store terms, external-service terms, and public order and morals.
- Users are responsible for arranging, at their own expense, the device, operating system, network connection, storage, Photo Data, permission settings, and other environment needed to use the Service.
- Users must use Photo Data that they own or are otherwise legally entitled to use.
- Before sharing a Share Card or other content externally, Users must check whether it contains personal or confidential information or information that infringes third-party rights.
Article 11 (Prohibited Conduct)
Users must not engage in any of the following when using the Service:
- Conduct that violates laws or public order and morals;
- Criminal conduct or conduct related to a crime;
- Conduct that infringes the intellectual property rights, privacy, reputation, credit, portrait rights, or other rights or interests of the Company, another User, or any third party;
- Disseminating false, inaccurate, or misleading information;
- Using the Service for medical or psychological diagnosis, credit, employment or insurance decisions, investigation, crime prevention, surveillance, tracking, or other consequential decisions outside the Service's purpose;
- Disassembling, decompiling, reverse engineering, analyzing, or modifying the App;
- Unauthorized access to, or imposition of an excessive load on, the Service's networks, systems, servers, App, databases, or similar resources;
- Improperly exploiting a defect, vulnerability, or specification limitation in the Service;
- Reproducing, republishing, selling, redistributing, lending, or commercially using all or part of the Service without the Company's permission;
- Interfering with operation of the Service; or
- Any other conduct the Company deems inappropriate.
Article 12 (Intellectual Property Rights)
- All intellectual property rights relating to the App and Service—including screen designs, logos, names, text, profile logic, report expressions, programs, databases, UI, UX, illustrations, and icons—belong to the Company or a duly authorized third party.
- The license to use the Service under these Terms does not transfer intellectual property rights in the Service to a User or grant any exclusive license.
- Subject to these Terms, Users may use the App personally and non-exclusively on their own devices.
- These Terms permit Users to use Share Cards and reports generated in the App for ordinary personal uses such as social-media posts, messages, and storage.
- Rights in Photo Data loaded into the App remain with the User or other lawful rightsholder. Except where these Terms expressly provide otherwise, the Company acquires no rights in a User's Photo Data.
Article 13 (Changes, Suspension, and Termination of the Service)
- The Company may change, add to, suspend, interrupt, or terminate all or part of the Service without prior notice to Users.
-
The Company may suspend or interrupt all or part of the Service in any of the following circumstances:
- Maintenance, inspection, or updating of systems, equipment, the App, operating-system support, or other resources relating to the Service;
- Difficulty providing the Service due to an earthquake, fire, power failure, communications outage, natural disaster, epidemic, war, riot, law, administrative action, or other force majeure event;
- Difficulty providing the Service due to a specification change, review, suspension, or restriction by the App Store, Google Play, an operating system, SDK, external service, or other third-party service; or
- Any other circumstance the Company deems necessary.
- The Company is not liable for damage to a User arising from a change, suspension, or termination under this Article, except in cases of willful misconduct or gross negligence by the Company. Where the Company's liability is restricted under the Consumer Contract Act or other applicable laws, those laws apply.
Article 14 (Disclaimer of Warranties)
-
The Company does not warrant that:
- The Service will meet a User's particular purpose;
- Profile Results, reports, quests, scores, or other displays will be accurate, complete, useful, or current;
- EXIF Data or other metadata will always be available;
- The Service will support every device, operating system, photo format, cloud-photo service, camera model, or permission setting;
- The Service will be free from defects, errors, failures, interruptions, loss of data, or security vulnerabilities; or
- The Service will be provided permanently.
- The Service is provided “as is.”
- The Company will endeavor to improve Service quality within a reasonable scope but is not obligated to correct every defect, display error, or analysis error.
Article 15 (Limitation of Liability)
- The Company is not liable for damage incurred by a User through use of, or inability to use, the Service, except in cases of willful misconduct or gross negligence by the Company.
- Even where the Company is liable, its liability is limited to ordinary and direct damage actually incurred. The Company is not liable for special or indirect damage, lost profits, loss of data, lost business opportunities, or other damage, unless this limitation is not permitted under the Consumer Contract Act or other applicable laws.
- If paid services are offered and the Company is liable to a User for damages, the Company's liability is capped at the total fees paid by the User to the Company during the one month preceding the occurrence of the damage, except in cases of willful misconduct or gross negligence by the Company. This cap does not apply where prohibited by the Consumer Contract Act or other applicable laws.
- For portions of the Service provided free of charge, the Company is not liable for damage to a User, except in cases of willful misconduct or gross negligence by the Company. Where the Company's liability is restricted by applicable laws, those laws apply.
Article 16 (Paid Features and In-App Purchases)
- The Service may in the future offer in-app purchases, subscriptions, one-time-purchase features, additional reports, PDF export, Share Card generation, or other paid features.
- Prices, content, periods of use, cancellation procedures, renewal terms, and other conditions for paid features are governed by what is displayed in the App, App Store, Google Play, or other purchase screen.
- Payments, refunds, cancellations, and subscription management for paid features purchased through the App Store or Google Play are governed by the relevant app store's terms and procedures.
- The Company is not obligated to refund paid features purchased by Users unless otherwise required by law or app-store terms.
- Even if the Service is currently provided free of charge, the Company may add paid features or make some free features paid in the future. In that event, the Company will notify Users through reasonable means.
Article 17 (Use by Minors)
- A minor must obtain consent from a parent, guardian, or other legal representative before using the Service.
- Where a minor uses the Service, the Company may deem that the minor has obtained the consent of a legal representative.
- The Service is not directed primarily at children.
- When sharing a minor's Photo Data, location data, life patterns, or other information, Users must give due consideration to the privacy of the minor and their parent or guardian.
Article 18 (Third-Party Services)
- The Service may integrate with operating systems, the App Store, Google Play, device manufacturers, cloud-photo services, social media, sharing functions, map functions, analytics SDKs, crash-reporting SDKs, or other third-party services or functions.
- Use of a third-party service is governed by that third party's terms of service, privacy policy, and other conditions.
- The Company does not warrant the content, continuity, accuracy, safety, legality, or availability of third-party services.
- Part of the Service may become unavailable due to a change, suspension, termination, failure, or change in terms affecting a third-party service.
Article 19 (Special Provisions for the App Store and Google Play)
- If a User obtains the App through the App Store or Google Play, the User must comply with these Terms and the terms established by Apple Inc., Google LLC, or any other app-store operator.
- These Terms are entered into between the Company and the User, not between the User and Apple Inc. or Google LLC.
- Unless otherwise provided by law or app-store terms, the Company is responsible for provision, maintenance, support, billing support, intellectual-property infringement claims, product liability, legal compliance, consumer protection, privacy, and other matters concerning the App and Service.
- Apple Inc., Google LLC, and their subsidiaries and affiliates may be third-party beneficiaries of these Terms and, once a User accepts these Terms, may have the right to enforce them against the User.
- This Article does not exclude app-store terms concerning review, listing, distribution, refunds, payment, subscriptions, or other App Store or Google Play procedures.
Article 20 (Privacy Policy)
- The Company separately establishes a Privacy Policy governing information handled through the Service.
- When using the Service, Users must review and agree to the Privacy Policy in addition to these Terms.
- The Privacy Policy describes the types of information obtained, purposes of use, storage locations, third-party disclosures, external transmissions, retention periods, deletion methods, contact details, and other necessary matters.
- If these Terms conflict with the Privacy Policy, the Privacy Policy prevails with respect to personal information and privacy matters.
Article 21 (Changes to These Terms)
-
The Company may amend these Terms in either of the following cases:
- The amendment conforms to the general interests of Users; or
- The amendment is not contrary to the purpose of these Terms and is reasonable in light of the necessity for the amendment, the appropriateness of the amended provisions, the substance of the amendment, and other relevant circumstances.
- When amending these Terms, the Company will announce the amended Terms and their effective date in the App, on the Company's website, or through other appropriate means.
- The amended Terms take effect on the effective date announced under the preceding paragraph.
- If a User continues using the Service after an amendment, the User will be deemed to have agreed to the amended Terms. If applicable laws require the User's express consent, the Company will obtain that consent.
Article 22 (Severability)
If any provision or part of a provision of these Terms is held invalid or unenforceable under a law or court decision, the remaining provisions and the remaining parts of that provision remain in full force and effect.
Article 23 (Governing Law and Jurisdiction)
- These Terms are governed by and construed in accordance with the laws of Japan.
- Any dispute between the Company and a User concerning the Service is subject to the exclusive agreed jurisdiction of the district court or summary court having jurisdiction over the location of the Company's head office as the court of first instance.
- Notwithstanding the preceding paragraph, nothing in these Terms improperly restricts any jurisdictional or other rights granted to Users under the Consumer Contract Act or other applicable laws.
Article 24 (Contact)
For inquiries concerning the Service, these Terms, privacy, data deletion, or other matters, please contact:
Operator: Sunabalab Inc.
Support email: support@sunabalab.com